In the proposal advertisement (Notice to Contractors), the campus inputs the date for the RFQ and RFP documents to be released, public fee proposal opening, and the date and time prior to which the bidder must tender their proposals. No proposals may be accepted after the time set for receiving proposals.
Fee Proposal Opening: For opening fee proposals, there is an Announcer & Recorder. At the designated time, proceed to open each fee proposal package and document for each proposer that all the requisite documentation is enclosed and record this information on the abstract.
The Announcer then states the fee proposal amounts and alternative bid or unit price amounts (if any), along with any requested Small Business Enterprise (SBE) Bid Preferences or proposed Disabled Veteran Business Enterprise (DVBE) Incentives. The Recorder enters this information on the abstract.
The Announcer then formally closes the proposal opening and advises that all documents required to be submitted within 24 hours of bid opening will be checked and that all SBE/DVBE certifications will be checked. The Announcer will provide the location where the final tabulation of bids will be posted and will also open a Question Period where the Announcer will field questions about the fee proposals only. When all bids/proposals are reviewed for accuracy, the abstract shall be signed.
Once opened, a fee proposal submitted under this procedure becomes a public record.
Forms & Templates:
Using the Abstract of Bids form posted on this site, the Announcer and Recorder, after documenting all the bidders'/proposers' information on the abstract, must determine who the low bidder or high scorer is prior to calculating small business preference and Disabled Veteran Business Enterprise (DVBE) bid incentives.
If the low bidder is a Small Business Enterprise (SBE), then no other bidder is allowed the SBE bid preference, and only the SBEs qualify for the DVBE bid incentive. The Recorder shall calculate the DVBE bid incentive for SBEs only, as only an SBE may displace the low bidder SBE.
If the low bidder is not an SBE, then all SBE and Non-Small Businesses (NSB) qualify and shall first be given the SBE bid preference. If an SBE becomes the low bidder after applying the SBE bid preference, then only SBE bidders qualify for DVBE incentives.
If the low bidder is not an SBE, then calculations of the DVBE preference shall be done for all bidders.
Full DVBE documentation and the expanded subcontractor listing is due from the bidders within 24 hours of bid opening. Failure to submit this documentation is grounds for Trustees' rejection of bids.
Project Proposal Analysis: After fee proposal opening, the Construction Administrator reviews all proposals received, especially the apparent high scorer, to make sure the bid is complete and responsible to the contract requirements. The Construction Administrator will check that the following forms are executed properly:
Licensed to Bid, But Not with Requisite License: A contractor must be licensed to submit a bid to a public agency, but must have the requisite license at the time of award. California Business & Professions Code Section 7028.15 states that "it is a misdemeanor for any person to submit a bid to a public agency in order ...to act in the capacity of a contractor within this state without having a license therefore..."
Public Contract Code Section 3300 states that the CSU "shall specify the classification of the contractor's license which a contractor shall possess at the time a contract is awarded."
Bids Exceed Budget: In the event a qualified, responsible low proposal on a major capital outlay project exceeds the project budget, follow CPDC's Bid Overrun Analysis Policy No. 2. This policy memo is also in SUAM Appendix D.
If the Construction Administrator determines that the project budget has overrun, the Construction Administrator may reject all bids, make changes to the RFP documents, and quickly move to rebid to the short-listed proposers, doing so via addendum. This must be done within five to seven business days or the project must be readvertised and a new shortlist shall be developed.
Determination of Successful Proposer: The Construction Administrator may proceed to award the Phase 1 contract if:
Bid Protest: If a proposer files a bid protest, the Construction Administrator must quickly review and respond to the letter so as not to hold up the project. The Construction Administrator should work with the CSU Office of General Counsel and CPDC Construction Services to ensure a proper response to the protest.